Punjab-Haryana High Court
Yumkhaibam Rojy Devi And Anr vs State Of Punjab And Others on 25 August, 2022
CRWP-8063-2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-8063-2022
Date of Decision: August 25, 2022
Yumkhaibam Rojy Devi and another
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Anuj Malik, Advocate,
for the petitioners.
Mr. J.S. Arora, DAG, Punjab.
SANJAY VASHISTH, J.
1. Prayer in the instant petition, filed under Article 226 of the
Constitution of India, is for issuance of directions to respondents Nos. 2 and
3, to provide protection of life and liberty to the petitioners, as they
apprehend threat to the same at the hands of the private respondents No. 4 to
2. Briefly stated petitioner No. 1 - Yumkhaibam Rojy Devi, whose
date of birth is 28.12.2005 and a minor, has left the house of her parents
because they want to marry her with a boy of their own choice, who is very
elder to petitioner No. 1. It is stated that petitioner No. 1 wants to study more
for her career prospects as also intends to marry with a boy of her choice.
Presently, petitioner No. 1 is residing with petitioner No. 2 - Avtar Singh,
who is 27 years old, and the present petition, on behalf of petitioner No. 1
has been filed through him.
3. Learned counsel for the petitioners contends that the issue of
PRASHANT KAPOOR
2022.08.26 20:03
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providing protection by way of issuance of a writ in the nature of
mandamus, has already been dealt with in detail by a co-ordinate Bench of
this Court in the case of P...... Minor Through Vikram v. State of
Haryana and another (CRWP-2139-2022 (O&M), decided on
28.03.2022) and other connected matters, i.e. CRWP-2140-2022 (O&M)
and CRWP-2250-2022 (O&M). He further submits that the petitioners
would be satisfied if the present petition is disposed of in terms of the
aforementioned judgment, dated 28.03.2022.
4. The co-ordinate Bench in the case of P...... Minor Through
Vikram (supra), after noticing various provisions of the Hindu Marriage
Act, 1955, the Hindu Minority and Guardianship Act, 1956, the Indian
Majority Act, 1875, the Juvenile Justice (Care and Protection of Children)
Act, 2015, as also the case law, while partly allowing the said petitions,
issued certain directions, which reads as under:-
"26. In view of the above, the petitions are partly allowed with
directions as under:-
I. The minor in all these cases happen to fall within the
definition of child in need of care and protection as
provided under section 2(14)(vii)(xii) of Juvenile Justice
(Care and Protection of Children) Act, 2015. The Senior
Superintendent of Police/Superintendent of Police of the
respective districts shall depute a Child Welfare Police
Officer to produce the minor/child before the Committee
constituted under the Juvenile Justice (Care and
Protection of Children) Act 2015.
II. The respective Committee shall conduct enquiry
contemplated under Section 36 of the Juvenile Justice
(Care and Protection of Children) Act 2015 and pass an
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appropriate order under section 37 of the said Act, by
associating all the stakeholder, and to ensure that the
objects of the Juvenile Justice (Care and Protection of
Children) Act 2015 are well served.
III. The Child Welfare Committee shall take appropriate
decisions with respect to the boarding and lodging of the
minor and also to conduct enquiry on all issues relating
to and affecting safety and well-being of the child/minor.
IV. During the pendency of such adjudication and passing of
orders as contemplated under Section 37 of the Juvenile
Justice (Care and Protection of Children) Act 2015, the
committee shall also take appropriate interim/decisions
as regards placement of a child/custody of the child in
need of care and protection.
V. The concerned SSPs/SPs shall also take appropriate
steps as warranted by law against the threat perception
to the minor as well as to their next friend, through whom
the minors have approved this Court and to ensure that
the respective petitioners are protected from any physical
harm at the instance of the respondents in respective
cases.
VI. The petitioners are directed to appear in the office of
SSP/SP of the respective Districts within a period of 03
days from today, failing which the concerned SSP/SP
shall depute a Child Welfare Police Officer to produce
the minor before the Child Welfare Committee within a
period of 01 week thereafter.
VII. The Child Welfare Committee constituted under the
Juvenile Justice (Care and Protection of Children) Act
2015, shall send a compliance report to this Court."
Petitions are party allowed in terms as aforesaid.
Registry is directed to send a copy of the order along
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with petition(s) and annexures to the concerned Senior
Superintendent of Police/Superintendent of Police for necessary
compliance."
5. Having considered the submission made by learned counsel for
the petitioners, I am of the view that the facts of the petition in hand are
similar to one noticed in the judgment rendered in the case of P...... Minor
Through Vikram (supra). Accordingly, the present petition is disposed of
in terms of the judgment dated 28.03.2022, rendered in the case of P......
Minor Through Vikram (supra).
(SANJAY VASHISTH)
JUDGE
August 25, 2022
Pkapoor Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
PRASHANT KAPOOR
2022.08.26 20:03
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authenticity of this
order/judgment
